Opinion

In Re Coats Minors

Court
Michigan Court of Appeals
Filed
Sep 15, 2022
Status
Unpublished
Cited by
0 cases
Authority
More cited than 7.0%

The opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to

revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

UNPUBLISHED

In re COATS, Minors. September 15, 2022

No. 359340

Gladwin Circuit Court

Family Division

LC No. 19-000080-NA

Before: M. J. KELLY, P.J., and CAMERON and HOOD, JJ.

PER CURIAM.

Respondent-father1 appeals as of right the order terminating his parental rights to DC, MC,

and SJC2 (collectively, “the children”) under MCL 712A.19b(c)(i) (conditions that led to

adjudication continue to exist), (c)(ii) (failure to rectify other conditions), (g) (failure to provide

proper care and custody), and (j) (reasonable likelihood of harm if returned to parent). We affirm.

I. BACKGROUND FACTS AND PROCEDURAL HISTORY

This case arose after Child Protective Services (CPS) received several reports of improper

supervision of the children by respondents. These included an allegation that two-year-old SJC

was found walking alone in the middle of the road dressed in a nightgown and one flip flop. It

was also alleged CO threw a shot glass at MC, severely cutting her face. Respondent-father was

asleep at the time, and when alerted to MC’s injury, he refused to get her immediate medical

treatment. There was also an allegation of domestic violence in the children’s presence. This

resulted in a no-contact order between respondents.

The Department of Health and Human Services (DHHS) filed a petition seeking the trial

court’s jurisdiction over the children. The trial court assumed jurisdiction, but the children were

1

Respondent-mother was a respondent in the trial court proceedings. The trial court terminated

respondent-mother’s parental rights to the children, but she is not a party to this appeal.

2

Respondent-mother’s other child, CO, was also involved at the beginning of this case. However,

the trial court terminated jurisdiction over CO after CO turned 18 during the pendency of these

proceedings.

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allowed to remain in respondent-father’s care. Respondent-father was ordered to participate in a

treatment plan which included substance abuse treatment and random drug screens. He was also

ordered to be employed and to maintain appropriate housing.

Respondent-father briefly complied with the treatment plan. However, DHHS learned

respondent-father was abusing substances and was leaving the children home alone, sometimes

for days. The children were removed from respondent-father’s home and placed in foster care.

Respondent-father did not participate in substance abuse treatment and he failed to complete most

drug screens. Some of his completed drug screens were positive for illegal substances.

Respondent-father was not employed and he was at risk of eviction. Respondents often violated

their no-contact order between respondent-father and respondent-mother.

DHHS filed a petition to terminate respondent-father’s parental rights after a hearing was

held. The trial court found statutory grounds to terminate respondent-father’s rights and that

termination was in the children’s best interests. This appeal followed.

II. ANALYSIS

Respondent-father’s brief in this appeal was extremely short3 and unhelpful. It appears

respondent-father challenges: (1) the reasonable efforts made by DHHS to reunite him with the

children; (2) the trial court’s finding of statutory grounds to terminate his parental rights; and

3

Respondent-father’s argument in its entirety states:

The father testified at the termination hearing and clearly articulated his love

and affection for his children, as follows (p52 of transcript from 10/28/2021):

[Q.] The information I have indicates that you went to 95 out of 98

scheduled [parenting time] visits?

[A.] Absolutely.

[Q.] That’s a very high compliance rate?

[A.] Yeah. It is.

[Q.] It indicates that you care a great deal about your children?

[A.] More than I can put into words.

Further, the respondent father testified that he still had a home for his

children, and his income was sufficient to support his children. It is the position of

the respondent father that he was not given enough opportunity to correct the

deficiencies in his case. He believes that he is, and can prove himself to be, an

excellent father to his children.

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(3) the finding that termination was in the children’s best interests. None of these arguments

warrants reversal.

A. STANDARD OF REVIEW

We review for clear error a trial court’s determination regarding reasonable efforts. In re

Sanborn, 337 Mich App 252, 258; 976 NW2d 44 (2021). “The clear error standard [also] controls

our review of both the court’s decision that a ground for termination has been proven by clear and

convincing evidence and, where appropriate, the court’s decision regarding the child’s best

interest.” In re Williams, 286 Mich App 253, 271; 779 NW2d 286 (2009) (quotation marks and

citation omitted); MCR 3.997(K). “A decision qualifies as clearly erroneous when, although there

is evidence to support it, the reviewing court on the entire evidence is left with the definite and

firm conviction that a mistake has been made.” In re Williams, 286 Mich App at 271 (quotation

marks and citation omitted). This Court will defer to “the special opportunity of the trial court to

judge the credibility of the witnesses who appeared before it.” In re Ellis, 294 Mich App 30, 33;

817 NW2d 111 (2011). “The interpretation and application of statutes and court rules

are . . . reviewed de novo.” In re Sanders, 495 Mich 394, 404; 852 NW2d 524 (2014).

B. REASONABLE EFFORTS

In general, DHHS “has an affirmative duty to make reasonable efforts to reunify a family

before seeking termination of parental rights.” In re Hicks/Brown, 500 Mich 79, 85; 893 NW2d

637 (2017), citing MCL 712A.18f(3)(b) and (c), and MCL 712A.19a(2). DHHS “must create a

service plan outlining the steps that both it and the parent will take to rectify the issues that led to

court involvement and to achieve reunification.” In re Hicks/Brown, 500 Mich at 85-86. “While

[DHHS] has a responsibility to expend reasonable efforts to provide services to secure

reunification, there exists a commensurate responsibility on the part of respondents to participate

in the services that are offered.” In re Frey, 297 Mich App 242, 248; 824 NW2d 569 (2012).

We disagree that DHHS failed to expend reasonable efforts to reunify the family. For

example, DHHS connected respondent-father with treatment providers who offered programs for

his substance abuse issues. Respondent-father either failed to participate or failed to benefit from

these programs. DHHS referred respondent-father for individual counseling, which he did not

complete. DHHS provided respondent-father with resources to address his housing instability, but

respondent-father did not complete the paperwork. Respondent-father argues he was not afforded

adequate opportunity to address his issues. The record demonstrates DHHS offered appropriate

services to address his barriers to reunification, but respondent-father failed to benefit from these

services.

C. STATUTORY GROUNDS

“To terminate parental rights, a trial court must find by clear and convincing evidence that

at least one statutory ground under MCL 712A.19b(3) has been established.” In re Moss, 301

Mich App 76, 80; 836 NW2d 182 (2013). “Only one statutory ground need be established by clear

and convincing evidence to terminate a respondent’s parental rights, even if the court erroneously

found sufficient evidence under other statutory grounds.” In re Ellis, 294 Mich App at 32. The

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trial court terminated respondent-father’s parental rights under MCL 712A.19b(3)(c)(i), (c)(ii),

(g), and (j).

Termination of parental rights pursuant to MCL 712A.19b(3)(j) is proper when “[t]here is

a reasonable likelihood, based on the conduct or capacity of the child’s parent, that the child will

be harmed if he or she is returned to the home of the parent.” The harm contemplated by the statute

includes emotional and physical harm. In re Hudson, 294 Mich App 261, 268; 817 NW2d 115

(2011). “[A] parent’s failure to comply with the terms and conditions of his or her service plan is

evidence that the child will be harmed if returned to the parent’s home.” In re Smith, 324 Mich

App 28, 49; 919 NW2d 427 (2018) (quotation mark and citation omitted).

The trial court concluded that subsection (j) was met because the children would be harmed

if returned to respondent’s care. The trial court considered respondent-father’s failure to comply

with his service plan, specifically his failure to rectify his substance abuse issues, his housing

instability, his employment issues, and his emotional instability throughout the case. Respondent-

father was ordered to attend and benefit from parent education classes and participate in random

drug testing, substance abuse services, and counseling. However, he either failed to participate in,

or benefit from, these services. He also consistently tested positive for substances and refused to

submit to drug screens.

Respondent-father’s history of improper parental supervision further indicates that the

children would be at risk of both emotional and physical harm if returned to his care. See In re

Hudson, 294 Mich App at 268. Respondent-father failed to seek medical attention for MC’s injury

after CO threw a shot glass at her head; he engaged in domestic violence in front of the children;

respondent-father allowed a number of strangers to visit the home, causing the children to feel

unsafe; and respondent-father was suspected to be under the influence of substances during

multiple parenting time visits. Because termination was proper under MCL 712A.19b(3)(j), we

decline to consider the whether termination was proper under the remaining subsections. In re

Ellis, 294 Mich App at 32.

D. BEST INTERESTS

“Once a statutory basis for termination has been shown by clear and convincing evidence,

the court must determine whether termination is in the child’s best interests.” In re LaFrance, 306

Mich App 713, 732-733; 858 NW2d 143 (2014). “ ‘The focus at the best-interest stage has always

been on the child, not the parent.’ ” In re Payne/Pumphrey/Fortson Minors, 311 Mich App 49,

63; 874 NW2d 205 (2015) (brackets omitted), quoting In re Moss, 301 Mich App at 87. “Best

interests are determined on the basis of the preponderance of the evidence.” In re LaFrance, 306

Mich App at 733.

Whether termination is in a child’s best interests requires a trial court to consider a number

of factors, including:

[T]he child’s bond to the parent, the parent’s parenting ability, the child’s need for

permanency, stability, and finality, [] the advantages of a foster home over the

parent’s home . . . the length of time the child was in care, the likelihood that the

child could be returned to her parents’ home within the foreseeable future, if at all,

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and compliance with the case service plan. [In re Payne/Pumphrey/Fortson

Minors, 311 Mich App at 63-64 (quotation marks and citations omitted).]

“In assessing whether termination of parental rights is in a child’s best interests, the trial court

should weigh all evidence available to it.” Id. at 63.

The trial court found termination was in the children’s best interests because foster care

was able to offer them more stability than respondent-father was willing or able to provide. DC

and SJC were thriving in their placements and their respective foster parents indicated they could

serve as permanent resources. Regarding MC, the trial court noted her behavioral difficulties, and

found that the foster care system was able to provide her the medical and therapeutic care to

address these concerns. Respondent-father’s reliance on his consistent attendance at parenting

time is not compelling. Indeed, there was evidence that respondent-father was under the influence

during some parenting time visits and that he was often on his phone. He also brought random

women to parenting time visits, one of whom was arrested during the visit. While respondent-

father states that he loved and cared for the children, the record supports the trial court’s finding

that termination was in the children’s best interests.

Affirmed.

/s/ Michael J. Kelly

/s/ Thomas C. Cameron

/s/ Noah P. Hood

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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